Showing 1161–1170 of 2214

• 9/24/1981

  Position of the United States regarding the applicability of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq., to publicly owned mass transit systems.

  The document is a memorandum discussing the re-evaluation of the United States' position on the applicability of the Fair Labor Standards Act (FLSA) to publicly owned mass transit systems. The conclusion reached is that the issue to be addressed is whether the constitutionality of the congressional enactment will be defended, rather than the constitutionality of the application of the FLSA to urban mass transit systems. The document presents questions for review regarding the constitutionality of the application of the FLSA to urban mass transit systems, the involvement of federal funds in urban mass transit, and the defense of the legislation under challenge in pending litigation. The memorandum also highlights the conflicting legal views within the Administration and the need to defend congressional intent and the exercise of federal power.

  7/27/2020

• 9/18/1981

  Availability of agency funds to pay attorney's fee awards under the Equal Access to Justice Act ("Act").

  The document is a response to a draft memorandum regarding the availability of agency funds to pay attorney's fee awards under the Equal Access to Justice Act. The conclusion reached in the document is that agencies do have the legal authority to pay awards under the Act from their general operating funds, even without specific appropriations for that purpose. The document presents a dispute over the interpretation of the funding provision and the extent of an agency's discretion to allocate funds among authorized activities under a lump sum appropriation. The questions presented for review include the interpretation of the funding provision, the agency's legal authority to reprogram funds within a lump sum account, and the constitutional concerns related to the reprogramming of funds.

  7/27/2020

• 9/10/1981

  Applicability of the Federal Advisory Committee Act to Law Enforcement Coordinating Committees

  If the functions of Law Enforcement Coordinating Committees (LECCs) are limited to the exchange of information, or to making operational decisions involving law enforcement matters, they will not be covered by the Federal Advisory Committee Act (FACA). However, to the extent that a LECC performs "advisory functions" by giving advice and recommendations to federal officials, it would be subject to the FACA's requirements when performing those functions. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/22766/download.

  9/10/1981

• 8/27/1981

  Extension of District Court Jurisdiction Under § 1110 of the Federal Aviation Act

  Section 1110 of the Federal Aviation Act authorizes the President to extend that Act to areas outside the United States, but does not authorize an analogous extension of the geographic jurisdiction of a district court for purposes of enforcing certain of the Act's provisions. An executive order extending the Act to the Trust Territory of the Pacific Islands (TTPI) would make its provisions part of the law of the TTPI, and enforceable through the TTPI judicial system. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/22756/download.

  8/27/1981

• 8/27/1981

  Procedures for Implementing the Reciprocity Provisions of the Mineral Leasing Act of 1920

  While the Department of Interior has no legal obligation to adopt substantive, prospective standards for applying the "reciprocity" provision of 30 U.S.C. § 181, if it chooses to do so it should comply with the public, notice-and-comment procedures applicable to agency rulemaking under the Administrative Procedure Act (APA). If the Department of the Interior instead continues to determine on a country-by-country basis whether another country's laws and regulations accord American investors "similar or like privileges," APA procedures would not be considered applicable to such decisionmaking. However, an adequate record for judicial review of the substance of the ultimate decision should be made. As previously concluded, the Secretary of the Interior has authority under the Mineral Leasing Act of 1920 to "mirror" restrictive practices of another country. The question whether the Secretary is required to do so, or whether he could choose to take some more extreme action such as barring any investment by the other country's citizens, is not addressed. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/22761/download.

  8/27/1981

• 8/24/1981

  Definition of "Refugee" Under the Refugee Act of 1980

  The document is a memorandum discussing the definition of "refugee" under the Refugee Act of 1980. It addresses the background and meaning of the definition, as well as the issues that may arise in testimony before Congress on the admission of refugees. The conclusions reached in the document include the expansion of the definition to cover those persecuted, the adoption of the definition from the United Nations Convention, and the need for individualized review of refugee status applications. The document also presents questions for review, such as the distinction between economic migrants and refugees, the basis for eligibility as a refugee, and the evaluation of fear of persecution on an individual basis.

  7/27/2020

• 8/24/1981

  Arrest of Special Agents or Informers During Undercover Assignment

  The document discusses a proposed change in FBI policy regarding the arrest of undercover agents or informers during undercover operations. The proposed policy would allow for an emergency exception, permitting agents to provide deceptive testimony to a judge in situations where personal safety or the confidentiality of the operation is at risk. The document presents a review of existing FBI policy and concludes that the emergency exception is necessary, but should be limited to true emergencies. The questions presented for review include the legal and ethical implications of allowing false testimony in emergency situations, as well as the need for prior notification to the court. The document also addresses the need for careful planning and consideration of alternatives to minimize the impact on the integrity of the judicial process and the rights of criminal defendants.

  7/27/2020

• 8/24/1981

  Use of FBI Laboratory by Foreign Governments

  The document is a memorandum discussing the use of the FBI Laboratory by foreign governments for forensic examinations and expert testimony in foreign courts. The conclusion reached is that the FBI may provide this kind of assistance, and an amendment to title 28 of the Code of Federal Regulations to implement it would be appropriate. The document also presents questions for review, such as the need for a procedure for prompt transmittal of requests from the Department of State to the Attorney General, and the policy implications and statutory authority for providing FBI agents to aid foreign governments in their investigations.

  7/27/2020

• 8/24/1981

  Constitutionality of Legislation Authorizing Permanent Resident Status for Certain Nonimmigrant Aliens

  Legislation which would grant permanent residence status to certain nonimmigrant alien workers residing in the Virgin Islands, and at the same time restrict these individuals' ability to obtain the entry of relatives under otherwise applicable provisions of the Immigrant and Nationality Act, does not violate the Equal Protection Clause. The application of the equal protection principle to aliens is subject to the special powers of Congress over immigration and naturalization, and even the constitutional rights of citizens must yield where they clash with the paramount power of Congress over the admission and exclusion of aliens. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/22751/download.

  8/24/1981

• 8/24/1981

  Disclosure of Information Collected Under the Export Administration Act

  Information collected under the Export Administration Act which is authorized to be made available to other federal agencies under the Paperwork Reduction Act of 1980 may be released by the Department of Commerce to federal law enforcement and intelligence agencies without a prior determination that it would serve the national interest to do so. Section 12(c) of the Export Administration Act was not intended to prohibit disclosure to other federal agencies, but merely prohibits disclosure of certain confidential trade information to the public. Confidential information obtained pursuant to the Export Administration Act which is not covered by the Paperwork Reduction Act, and is exempt from disclosure under the Freedom of Information Act, may be released to federal law enforcement and intelligence agencies notwithstanding the prohibition in 18 U.S.C. § 1905, if the Secretary of Commerce determines under § 12(c) of the Export Administration Act that failure to make such disclosure would be contrary to the national interest. In the exercise of his discretion under § 12(c), the Secretary of Commerce is subject to the review and direction of the President, and the President thus has the power, which he has previously exercised, to direct the Secretary to make a determination and authorize release of information. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/22741/download.

  8/24/1981